beta
(영문) 창원지방법원 2014.07.17 2013노2049

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds of appeal is that the accident of this case is not attributable to the defendant, when the defendant enters the intersection of the shooting distance in front of the month in the Changwon-si, Changwon-si (hereinafter “instant intersection”) by driving Cro-si (hereinafter “ro-si”), it cannot be deemed that there was negligence on the part of the defendant due to the fact that the Estststasi (hereinafter “Ydo-si”) driven by the victim D was under the speeding over the center line, and the accident of this case was committed by the defendant. The defendant cannot be recognized as being injured by the victim F of Gyststa-si (hereinafter “Sasi”), the driver of the Gysta-si (hereinafter “Sa-si”) who stopped in the direction of the defendant. However, since the court below found the charge of this case guilty, it is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. The judgment of the court below and the trial court found the following circumstances based on the evidence duly adopted and examined by the court below, i.e., "motor vehicles and horses may proceed with the yellow light on-and-off signals with due care in marking other traffic or safety signs", and "motor vehicles and horses may stop immediately before or after a stop line or a crosswalk exists, and proceed with another traffic with due care." The purport of "off-and-off signals of red lights" is as follows: < Amended by Presidential Decree No. 20148, Feb. 1, 2008> The crossing of this case is a place where a red light light is operated in the direction of the victim's body taxi driving in the direction of the victim's body moving into the intersection; Presidential Decree No. 2020, Feb. 1, 2008>